In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1) has been convicted of violating federal, state, or local laws relating to occupational therapy;

(2) violates a provision of this chapter or a regulation promulgated pursuant to this chapter or an order issued by the board;

(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license or temporary license;

(4) has participated in the fraudulent procurement or renewal of a license or temporary license for himself or another person or has allowed another person to use the license;

(5) has committed fraud or deceit in the practice of occupational therapy including, but not limited to:

(a) misrepresenting an educational degree, training, credentials, or competence;

(b) using or promotion or causing the use of a misleading, deceiving, improbable, or untruthful advertising matter or promotional literature;

(c) wilfully making or filing a false report or record in the practice of occupational therapy;

(6) has committed an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of occupational therapy including, but not limited to:

(a) engaging in illegal, incompetent, or negligent practice;

(b) providing services to a person who reasonably cannot be expected to benefit from the services;

(7) has been convicted or plead guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; or

(8) has been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section.

HISTORY: 1977 Act No. 139 Section 11; 1998 Act No. 356, Section 1.